Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1984

Faculty Scholarship

Discipline
Institution
Keyword

Articles 1 - 30 of 103

Full-Text Articles in Law

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav Nov 1984

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.


The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora Nov 1984

The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora

Faculty Scholarship

No abstract provided.


Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider Oct 1984

Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George Oct 1984

Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George

Faculty Scholarship

Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and …


Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan Jul 1984

Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg Feb 1984

Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor Jan 1984

The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor

Faculty Scholarship

No abstract provided.


The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor Jan 1984

The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor

Faculty Scholarship

No abstract provided.


Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen Jan 1984

Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen

Faculty Scholarship

The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …


Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal Jan 1984

Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal

Faculty Scholarship

This Article reviews the redemption provisions of both section 302 and section 304 of the Internal Revenue Code. It discusses the existing rules for basis recovery in dividend equivalent redemptions, and highlights the situations where the recovery of the basis of the stock redeemed becomes a problem. A number of cases, revenue rulings, and hypothetical illustrations where the basis recovery of redeemed stock has created or potentially could create a problem are examined. The Article also analyzes the tax policies which may influence the structure of a basis recovery procedure in dividend equivalent redemptions, and suggests the recovery method which …


Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton Jan 1984

Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez Jan 1984

Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the …


Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen Jan 1984

Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen

Faculty Scholarship

The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …


Preliminary Injunctions: The Varying Standards, Arthur D. Wolf Jan 1984

Preliminary Injunctions: The Varying Standards, Arthur D. Wolf

Faculty Scholarship

The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their …


Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon Jan 1984

Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon

Faculty Scholarship

The assumption that the occupational identification of "lawyer" is the salient feature in evaluating political motivation is interesting, if questionable, according to the Author. Does occupational identity overwhelm other identities? Are politically active lawyers really a homogeneous group? Are they less affected by competing identities associated with wealth, geography, familial and constituency concerns, political ideology, party considerations, or any of the myriad other sources of public and private motivation of behavior? Surely the hypothesis that politically active lawyers behave differently from nonlawyers is worth investigating. This Article offers some preliminary responses to these questions posed, which are grounded in empirical …


The Separation Of Powers Under Carter, Peter E. Quint Jan 1984

The Separation Of Powers Under Carter, Peter E. Quint

Faculty Scholarship

No abstract provided.


Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson Jan 1984

Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power Jan 1984

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Faculty Scholarship

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.


Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy Jan 1984

Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks Jan 1984

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann Jan 1984

The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann

Faculty Scholarship

This article surveys and analyzes the law on the scope of bargaining under the Minnesota Public Employment Labor Relations Act (PERLA) and suggests ways to make it more certain and responsive to public policy. Part II sets out the conflicting policy considerations to be accommodated in defining the scope of bargaining. These considerations form the basis for Part Ill's criticism of the present law under PELRA and guide the recommendations for change made in Part IV.


Resolving The Paradox Of The Innocent Construction Rule, David Larson Jan 1984

Resolving The Paradox Of The Innocent Construction Rule, David Larson

Faculty Scholarship

The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.


Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox Jan 1984

Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox

Faculty Scholarship

No abstract provided.


The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr. Jan 1984

The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Arbitration Of International Contract Disputes, William W. Park Jan 1984

Arbitration Of International Contract Disputes, William W. Park

Faculty Scholarship

International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …


Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare Jan 1984

Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare

Faculty Scholarship

Most government support of arts institutions is indirect—the result of charitable deduction provisions of the federal income tax, property tax exemptions extended by local governments, and other tax provisions. The money that government forgoes through these provisions must be made up by higher taxes for all taxpayers. The public, however, has little say about how these funds are spent. By its very nature, the income tax deduction places the decision-making power over arts institutions in the hands of those with high incomes. Those with high incomes receive a greater tax benefit for each dollar they contribute, increasing the amounts they …


The Business Judgement Rule, Tamar Frankel Jan 1984

The Business Judgement Rule, Tamar Frankel

Faculty Scholarship

Symposium: Current Issues in Corporate Governance: Conference Panel Discussion


Prof. Kozyris: Our discussion today will focus on the so-called "business judgment rule," a judicially developed law concept that the business decisions of corporate management should not be second-guessed by the courts. The courts will not interfere with such decisions as they are being made and carried out, nor will they impose liability on management if it turns out that the decisions were wrong.


Book Review, Paul D. Carrington Jan 1984

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).


Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer Jan 1984

Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer

Faculty Scholarship

No abstract provided.


Administrative Institutions And The Administrative Process, Lawrence G. Baxter Jan 1984

Administrative Institutions And The Administrative Process, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.